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An answer is a legal form you (the respondent) file with the court to protect your right to have a say in the divorce. If you file an answer, your spouse cannot finish the divorce unless: you agree to and sign a Final Decree of Divorce or. your spouse gives you written notice of a contested hearing date.
Mail or physically take your written response to the clerk of courts in the county where your spouse filed the initial divorce petition. Check your state's and county's requirements, as you may need to file additional forms such as a financial disclosure form when you file your written response.
Proof of Personal Service (Form FL-330): This form confirms that the response to divorce petition was filed with the court and served on the other spouse. Alternatively, the respondent can also serve them by mail, in which case they will need to complete and file the form for Proof of Service by Mail (FL-335).
Filing an AnswerYou can ignore the filing, in which case your divorce will proceed by default. This means the court will likely grant whatever request your spouse makes regarding the division of property and debt, child custody, child support, and alimony. Alternatively, you can file an answer with the court.
If you do not respond to your spouse or partner's petition for divorce or separation or you file a response but reach an agreement, your case will be considered either a "default" or an "uncontested case." In a true default case, you are giving up your right to have any say in your divorce or legal separation case.
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers.When a spouse doesn't respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
Pull the header information from the plaintiff's petition. Title your Answer Answer to Plaintiff's Petition/Complaint. Center this title and make it bold. Introduce yourself. Admit, deny, or claim that you lack sufficient knowledge to admit or deny each of the plaintiff's numbered allegations.
If you have served your spouse with a legal petition for divorce and he or she is not responding, your divorce may be granted by default in California.Failing to respond will not stop the divorce from occurring, it will simply end in a true default divorce.
Your spouse is supposed to mail a copy to you. You can also check with the Family Court Central Intake Center after the 21 days are up to see whether your spouse has filed an Answer. You can check in person or you can call (202-879-1212). You can also go to the Family Court Self-Help Center and ask them to check.